Dilipkumar Bhagwantrao Baviskar And ANR v. The State Of Maharashtra Through The Secretary And ORS

vikrant 1/2 902-caw-1390-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1390 OF 2017 IN WRIT PETITION NO. 10232 OF 2016 Dilipkumar Bhagwantrao Baviskar & Anr.

... Applicants Vs.

The State of Maharashtra & Ors.

... Respondents ......

Mr. Vikram Vyankatesh Pai for the Applicants. Mr. V. N. Sagare, AGP for the Respondent-State. ......

CORAM :

B. R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE :

JULY 07, 2017.

P.C. :

1.

By way of this Civil Application, the applicants are seeking a direction to the respondents to grant admission to the applicant/petitioner no. 2 to the First Year Course in 'Discipline of Medicine' for the academic year 2017-18 in the seat reserved for the category of Scheduled Tribe.

2.

Taking into consideration the fact that the 2nd applicant's real sister, namely Sauravi Dilip Bawiskar, has been granted validity certificate, we are inclined to allow the Civil Application.

vikrant 2/2 902-caw-1390-17.odt 3.

The respondent authorities are directed to consider the claim of the applicant/petitioner no.2 for admission in the said course against the seat reserved for the category of Scheduled Tribe in accordance with her merit in the said category. Insofar as the matter pending before the Scrutiny Committee, we direct the Scrutiny Committee to decide the caste claim of both the applicants as expeditiously as possible, and in any case within a period of two months from today. Needless to state that while considering their claim, the respondent committee shall take into consideration the validity certificate granted in favour of the daughter of applicant no.1 i.e. the sister of applicant no.2, namely Sauravi Dilip Bawiskar.

4.

The Civil Application is allowed in the aforesaid terms and disposed of accordingly.

(RIYAZ I. CHAGLA, J.) (B. R. GAVAI, J.)